High Hedges
Part 8 of the Anti-Social Behaviour Act 2003 came into force on
the 1st June 2005. The Act gives local authorities powers to deal
with complaints about high hedges.
If you have tried and exhausted all other avenues for resolving
a hedge dispute, you can, as a last resort, apply to the Council to
adjudicate on whether the hedge in question is affecting the
reasonable enjoyment of your property. In considering a complaint,
the Council must take account of all relevant factors and must
strike a balance between the competing interests of the complainant
and hedge owner as well as the interests of the wider
community.
The Council can, if circumstances justify it, issue a formal
notice to the hedge owner setting out what they must do to remedy
the problem. Failure to carry out the works is an offence which, on
prosecution, could lead to a fine of £1,000. The Council also has
the power to carry out the required works in default of the owner
and recover the costs.
If you decide to submit an application to the Council, please
take account of the information in the leaflets listed below. The
document called 'High Hedges Complaints: Prevention & Cure sets
out details of the procedures that will be followed by the Council
in examining a complaint. The fee for an application has been set
at £380, though for those on benefits or in receipt of a State
Pension, the fee is reduced to £120.
There is generally a right of appeal if you are not satisfied
with the Council's decision, but the arrangements will depend on
the specific circumstances of the case. Full details can be found
in the Advice on Appeals leaflet listed below. If you are
contemplating an appeal, contact details for the Planning
Inspectorate who will administer the appeal are provided in the
leaflet.
The website of the The Communities and Local Government Website
(see Related Links) provides much information about high hedges
including a booklet called 'Hedge height and light loss', which is
accompanied by a spreadsheet that enables an assessment to be
carried out to determine whether a hedge is causing a significant
obstruction of light. You may find to useful to refer to this
information since the Council will certainly use the spreadsheet in
reaching its decision.
Please note some of the documents in the 'related links'
section below contain references to 'Mediation UK' which no longer
exists. The documents will be replaced when updated versions become
available.